HC permits cancer survivor to end pregnancy at 25 wks
Mumbai:
Bombay High Court
has permitted the medical termination of the 25-week pregnancy of a woman in remission from
breast cancer
, following the opinion of an independent medical board of J J Hospital.
"The recommendation is that MTP should be allowed. In view of this opinion, we direct the
medical termination of pregnancy
to proceed," said Justices Kamal Khata and Arif Doctor on Thursday.
The woman (40) moved HC to permit MTP as she had crossed the 24-week legally permissible limit. In Aug 2020, she was diagnosed with Stage III breast cancer. She underwent eight rounds of chemotherapy and surgery in the first stage of treatment, which ended in Dec 2020. This was followed by 21 cycles of radiation till April 2021. She was informed that the treatment would have a permanent impact on her future chances of conceiving.
Hormonal therapies and chemotherapy induced a menopausal state that was likely to lead to the cessation of menstruation or to irregular periods.
Since Nov 2024, she missed her periods, but home pregnancy tests were negative. After experiencing abdominal pain, an April 25 sonography revealed she was 23 weeks pregnant. As the pregnancy was over 20 weeks, on May 3, she approached the J J medical board constituted under the
MTP Act
.
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On May 6, the board declined permission, citing no lethal congenital anomaly noticed in the foetus.
The woman's petition stated: "Continuation of pregnancy will cause grave injury to her mental health considering her past history and possible relapse." The cost of cancer treatment was significant. She has to spend on check-ups and tests to monitor the recurrence of cancer or other health issues. She is neither financially, physically nor mentally in a position to have another child.
The board "did not consider the impact of continuation of the pregnancy on her overall well-being and state of mind".
On May 8, the woman's advocate, Meenaz Kakalia, argued that with the earlier board not opining on her mental health, it is imperative she is examined by an independent board. Agreeing with her, HC directed the dean to appoint a board of experts, including a psychologist, to examine the woman. The board reported the pregnancy is "24 weeks and 6 days of gestation".
"The medical experts opined she is fit to undergo MTP with due risk. The petitioner's psychological evaluation is that she is mentally anguished in continuing the pregnancy," the judges noted. They directed MTP "to be performed as early as possible" at J J Hospital "unless she chooses another hospital".
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